Explain the conditions necessary for the remedy of “mandamus” to apply

Conditions necessary for the remedy of “mandamus” to apply

Mandamus: It is “the command”. It is granted the High Court to a person or organ exercising a public duty and requires such a person to do that which is expected law. E.g. it may be granted against a licensing officer or registrar of persons ordering him to justify his failure to issue relevant documentation to a qualified applicant.
Where the officer fails to justify his action, he shall be ordered to prepare and present the necessary documents. The aggrieved may thereafter sue for compensation.

 Conditions

  • The plaintiff must prove that he incurred some financial loss as result of the delays the defendant.
  • The plaintiff must have been eligible for such considerations and thus no cause that warrants any delays.
  • That the delay the defendant was intentional and unnecessary.
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